If there was no ED claim filed before absolute divorce was granted it can not be filed for afterwards. If the ED was filed for but not settled then a valid claim can be brought forth after divorce. Divorce is a separate issue from child support, child custody, alimony and equitable distribution. None of those have to be settled or final before divorce is granted. Both Equitable distribution and alimony would have to be filed prior to divorce being granted in order to have a hearing after final divorce. There may have been something in a separation agreement or in the divorce itself that stated ED would be settled at a later date. If so, then that is what is happening now. If not, then I would say to listen to your attorney and wait to see what the paperwork says.
ED was left “open” when the divorce was granted. My question involves the jury trial itself. Why would the X’s attorney want such a thing, and is it indeed necessary. Whats his strategy?
Sorry, I misunderstood. I sounds as though there’s some dispute about property. My husband’s attorney requested a jury trial for thier settlement and custody, though they signed an agreement before it went that far. It may be a tactic to get you to cave on some part of the ED claim. Ultimately it will cost you more money because you will also have a prelim hearing with the judge and then it the trial will be scheduled.
As I’ve said before, be prepared if you go to court to have every dirty little secret you had as husband and wife to be brought to light. Friends and family will be called to testify and will be in the courtroom when the judge reads off the claim. They will know everything you own and what you are willing to part with and what you think is worth fighting over. There can and most probably will be strangers in the court room hearing all this also. Once attorneys get involved and you go to court it all becomes matter of public record. It’s always better to come to some sort of agreement with each other than to get the authorities involved. At least, in my own opinion.
Dear Harleydad,
I cannot answer this question based on the information given. I would ask your attorney for his or her professional assessment.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
My question involves the X’s attorney and his “strategy”. I understand NC has a mandatory mediation requirement which we have not done. There must be some strategy the X’s attorney is thinking about or why would he go before a judge in a pre-trial hearing for a jury trial on ED when for one, as I understand it, jury trials for ED are very rare and secondly, to be “shot down” by the judge given there has been no mediation. Is he nuts or whats going on??? The case has been continued at this point by my attorney.
Please read my previous post and reply.
Dear harleydad:
Greetings. I have no idea, but you may want to file a motion for sanctions, a motion for declaratory judgment, or a motion to dismiss. Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I’ve been divorced from the X for 1 year. ED was not settled in the divorce. X’s attorney has scheduled a jury trial for ED. My attorney say’s we are not entitled to jury trial for ED. What strategy is the X’s attorney trying to use??